BILL ANALYSIS �
AB 89
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 89 (Budget Committee)
As Amended June 11, 2013
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
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|ASSEMBLY: | |(May 13, 2013) |SENATE: |36-2 | |
| | | | | |(June 14, 2013)|
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(vote not relevant)
Original Committee Reference: BUDGET
SUMMARY : Contains statutory and technical changes necessary to
implement the Budget Act of 2013 relating to developmental
services.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Establish a requirement for the administration to submit a
master plan for the future of developmental centers, which it
has committed to producing by November 15, 2013, to the
Legislature, by that same date. In the preparation of this
plan, the administration shall consult with a cross-section of
stakeholders, as specified. Further, create a requirement for
the administration to report, by January 10, 2014, to the
Legislature regarding the administration's resulting plans to
meet the needs of current developmental center residents, and
to ensure the delivery of cost-effective, integrated, and
quality services for this population.
2)Require the Department of Developmental Services (DDS) to
complete closure of the Lanterman Developmental Center (LDC)
in the Fall of 2014 (no later than December 31, 2014).
3)Remove a previously enacted, two-year time limit on the
community state staff program associated with the closure of
LDC. The program allows DDS to contract with an entity, such
as a community-based provider of services, for use of the
department's employees to provide services in furtherance of
the orderly closure of the facility.
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4)Clarify that existing restrictions on the use of Institutions
for Mental Disease (IMDs), enacted in trailer bill language
last year AB 1472 (Budget Committee), Chapter 25, Statutes of
2012, apply irrespective of the availability of federal
financial participation in the costs associated with the
placements. At the same time, authorize, until July 1, 2014,
the placement of consumers, who are under 21 years of age, in
IMDs for a period of time that exceeds 180 days, if specified
conditions are met. These placements would not, however, be
authorized to extend beyond a period of one year, unless
specified conditions are met and DDS approves a requested
30-day extension.
5)Require DDS and regional centers to work together to identify
services and supports needed for individuals under the age of
21 with both developmental and mental health disabilities, and
to facilitate the development of community-based resources, as
specified.
6)Clarify existing provisions, also established in AB 1472, that
require regional centers to conduct comprehensive assessments
of the needs of developmental center and IMD residents. More
precisely, specify that regional centers shall identify the
services and supports that would enable the consumer to move
to a community setting, and make other, related changes.
7)Specify that regional centers shall provide, to the extent
appropriate, relevant information from the statewide
specialized resource service to individual program planning
teams, as specified.
8)Ensure that clients' rights advocates will be notified of, and
unless the consumer objects, authorized to participate in,
hearings by writ of habeas corpus for release from specified
facilities. Further, require that clients' rights advocates
receive notice of, and be authorized, unless the consumer
objects, to participate in, specified individual program
planning team meetings. Finally, require specified notices to
the clients' rights advocate when regional centers make, or
extend, as specified, placements in IMDs.
9)Establish authority for regional centers to pay the costs of
health insurance copays and coinsurance payments that are
associated with a consumer accessing services identified as
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necessary in his or her Individual Program Plan. Further,
specify that the conditions under which regional centers would
be authorized to make such copay or coinsurance payments, and
prohibits payment by regional centers of costs associated with
insurance deductibles. The anticipated General Fund costs in
2013-14 associated with coverage of these co-payments and
co-insurance is $9.9 million.
10)Eliminate the sunset date on a requirement for families with
children under the age of 18, living at home, who receive
services from regional centers beyond eligibility
determination, needs assessment, and service coordination, to
pay annual fees of $150 or $200. The application of this
policy in 2013-14 is anticipated to result in $3.8 million
General Fund (GF) savings.
11)Make technical changes to the Welfare and Institutions Code
Sections 6500 and 6509, to clarify that changes made in AB
1472 last year were not intended to preclude court-ordered
placements, for individuals who are found to be a danger to
themselves or others, in settings less restrictive than
developmental centers.
12)Clarify that regional centers must notify DDS of meetings
scheduled, in accordance with existing requirements, regarding
specified data with respect to purchase of service,
authorization, utilization, and expenditure by regional
center. Additionally, require the regional centers and DDS to
collaborate to collect data with respect to the payment of
copays and coinsurance. Finally, require DDS to post notice
of the meetings on its Web site.
13)Provide that, if the Commission on State Mandates determines
that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to
existing law.
14)Extend the period to liquidate encumbrances of funds
appropriated in Item 4300-003-0001 of the Budget Act of 2010
(SB 870 (Ducheny), Chapter 712, Statutes of 2010), to June 30,
2014, thereby making an appropriation.
15)Contain an appropriation allowing this bill to take effect
immediately upon enactment.
AB 89
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Analysis Prepared by : Nicole Vazquez / BUDGET / (916)
319-2099
FN:
0001182